Commonwealth Numbered Regulations

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7. Order 65, rule 58 (Where parties differ)
7.1 Omit the rule, substitute: Where parties differ

"58.01 If, following an order for costs, the parties are unable to agree on
the amount, the party entitled to costs may submit the bill of costs to the
taxing officer.

"58.02 On receipt of a bill of costs under subrule 58.01, the taxing officer
must mark:

   (a)  on the bill; and

   (b)  on a copy of the bill for service on the other party; the day and time
        when the bill will be taxed.

"58.03 The day on which a bill is to be taxed must be not earlier than 14 days
after its receipt by the taxing officer.

"58.04 After a copy of the bill has been marked in accordance with subrule
58.02 the party entitled to costs must serve that copy on the party liable for
costs on that, or the next, day.

"58.05 The taxing officer:

   (a)  may, during the course of taxing a bill, issue to the parties interim
        certificates; and

   (b)  must, when taxing of the bill is complete, issue to the parties a

"58.06 The party liable for costs under an order may, at any time after the
order is made but not later than 14 days before the taxing officer commences
taxing the bill of the party entitled to costs, tender, by a solicitor's trust
account cheque or by bank cheque, a sum in payment of those costs and accrued
interest (if any).

"58.07 A tender made under subrule 58.06 may be replaced by a later tender or
tenders but must not otherwise be withdrawn before:

   (a)  the day on which the bill is to be taxed; or

   (b)  the end of 14 days after the tender is made; whichever is the earlier.

"58.08 If a tender is not returned to the tenderer before the end of the
period referred to in subrule 58.07:

   (a)  the tender is taken to have been accepted; and

   (b)  the taxing officer is not to tax the bill.

"58.09 If, in the opinion of the taxing officer, a sum tendered and not
accepted is appropriate for acceptance, any costs incurred by the parties
after the day the tender is received by the party entitled to costs are to be
borne by that party.

"58.10 In forming an opinion for the purposes of subrule 58.09, the taxing
officer must have regard to:

   (a)  costs of the party entitled to costs at the date the tender is
        received by that party; and

   (b)  costs properly incurred by that party after that date; and

   (c)  interest (if any) accrued on the costs referred to in paragraphs (a)
        and (b).". 

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